STATE v. FORT

No. C2-01-1732.

660 N.W.2d 415 (2003)

STATE of Minnesota, Respondent, v. Mustafaa Naji FORT, Petitioner, Appellant.

Supreme Court of Minnesota.

May 1, 2003.


Attorney(s) appearing for the Case

Leonardo Castro, Chief Public Defender, James A. Kamin, First Assistant Public Defender, Minneapolis, for appellant.

Mike Hatch, Attorney General, St. Paul, Amy Klobuchar, Hennepin County Attorney, Paul R. Scoggin, Assistant County Attorney, Minneapolis, for respondent.

Howard S. Carp, Minneapolis, Teresa J. Nelson, Minnesota Civil Liberties Union, St. Paul, for amicus curiae Minnesota Civil Liberties Union.

Robert M.A. Johnson, Anoka County Attorney, Marcy S. Crain, Assistant County Attorney, Anoka, John Kingrey, Executive Director, St. Paul, for amicus curiae Minnesota County Attorneys Association.

Heard, considered, and decided by the court en banc.


OPINION

PAGE, Justice.

This case arises from appellant Mustafaa Naji Fort's appeal of a court of appeals' decision reversing an order to suppress cocaine found during a search of his person as part of a routine traffic stop. Fort was a passenger in the vehicle at the time of the traffic stop. In suppressing the cocaine found during the search, the district court held that "in the context of a routine traffic stop, where police do not have an articulable...

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